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Backlash as EMI Hunts Down the Grey Album
An anonymous reader writes "DJ Danger Mouse's The Grey Album, a remix of Jay-Z's Black Album and the Beatles White Album has become a online music sensation, even getting reviewed in Rolling Stone though only 3,000 CDs were ever made. Now EMI, which controls the Beatles copyright, is trying to shut the album down. They've sent cease and desist letters to Danger Mouse, a handful of record stores, and websites that have hosted the songs. Wired News is reporting on the backlash that has ensued, led by anti-music industry group Downhill Battle, who insists that the major record labels are stifling creativity."
Why don't EMI sign the guy, or at least come to some kind of arrangement to get commission from the sales?
From the reviews (and prices on eBay) the albums been getting they could certainly make a good profit.
Seems these days the first response is always intimidation rather than considering other possibilities.
Disclaimer: This isn't a troll, I'm just a fucking idiot.
I have always wondered what would happen when the IP mafia went too far. A common fiction theme is carrying some oddity to to an extreme that is not possible. Sometimes it seems to be laziness, other times intentional.
Slashdot itself is full of these extreme types of worry. People get all het up over copyright holders locking down 1+1=2 (or Intel's version, 1+1=1.999998; perhaps Intel was merely ahead of its time, eh?), and the world of creativity coming to an end, where it is not possible to write a program without every line infringing somebody's copyright or patent. It always seemed a silly take to me. But this has all been worry for nothing. The more any system gets out of whack, the more natural corrections pop up. The farther out of whack, the more intense the corrections.
I like the looks of this, we have more and more natural corrections all the time, little ones and bigger ones. GPL is a natural correction, quite ingenious, the ultimate hack to make a system subvert itself. Remixes like this are great, they put the big labels on notice that they can't control everything. Kazaa is helping.
Let the big boys waste their time and money on copyrights and patents. When they control too much, everyone else will ignore them, just as they do with Kazaa, just as they do with this album. These big boys will go the way of all dinosaurs.
Infuriate left and right
He's the greatest, He's fantastic,
Wherever there is danger he'll be there,
He's the ace, He's amazing,
He's the strongest, He's the quickest,
He's the best, Danger Mouse,
He's terrific, He's magnific,
He's the bravest secret agent in the world.
Danger Mouse, Danger Mouse,
Danger mouse.
I think that's all of it. Or maybe not. Crumbs, DM!
----- ----- -----
Don't be stifling on my creativity, man.
http://66.90.75.92/torrents/1163/DJ_Danger_Mouse-G rey_Album.torrent
Under the original 14 year copyright length, the Beatles recordings would all be public domain by now, and therefore this whole thing would be in the clear. However, since the copyright timespan keeps expanding, it seems like nothing created past Steamboat Willie is ever going to hit the public domain.
So yeah, EMI is stifling creativity, but it's their right to under the present laws. It's a great case to highlight what could be if the copyright laws were different. But since they're not, it's illegal and this is gonna get shut down. If it ever is mass released, EMI will be getting more profits than the original author. Sorry, Danger Mouse, Penfold can't get you out of this one...
If the copyright system worked as it was designed to, this wouldn't even be an issue. Does anybody seriously claim that the Beatles wouldn't have made the White Album if they thought that it wouldn't be profitable almost 40 years later?
If the copyright system worked as it should do, this album would have entered the public domain at least a decade ago, opening it up to this kind of reinterpretation without fear of lawsuits or special permission from anybody. The Beatles have been rewarded for their contribution to the public domain substantially, and so has the record company that signed them. They don't deserve to have a stranglehold on it any more.
"...led by anti-music industry group Downhill Battle, who insists that the major record labels are stifling creativity."
"anti-music industry group"? Is that
1. A group in an industry that makes anti-music?
2. An industry group that is against music?
3. A group that is against the music industry?
I guess you meant #3, but I prefer meaning #1. What does anti-music sound like? If music and anti-music meet, will they annhilate each other?
Eponymous Mallard
If DJ Danger Mouse wants to create his own music he's perfectly entitled too. However if he does not have the permission of EMI to use the Beatles music in this manner then that's not allowed to, and reasonably so.
And if EMI refuses to give DJ Danger Mouse such permission, then EMI has impeded "the Progress of Science and useful Arts" by preventing a work from being created. What's the constitutional goal of U.S. copyright law again?
" I think that the freedom to edit and reproduce music is important but i think that it is a corny idea in the first place. But none the less I feel i must stick up for the albums right to express freedom."
So if I decide I don't like the terms of the GPL, I can just take their software and violate their copyright?
My obligitory Google searching turned up a rather unexpected thing...a PDF version of a Princeton undergraduate thesis (warning...336K PDF) on sampling in the recording industry. It's actually been an uninteresting read thus far (quite unlike my undergraduate thesis, that is, unless you like reading about graphical interfaces for Fortran namelists).
It starts off with an interesting history of the development of folk music in this country and how new words were put on standard melodies or lyrics were appropriated into new songs. Continues on to give an overview of the history of sampling. Best quote I've seen thus far: "the current system of copyright misrepresents the creation of music, considering it a purely original act rather then an event in a cultural tradition".
The thesis goes on to propose that fair use laws should be revised and a compulsatory licensing system put in place for sampling similar in structure to current "cover" style licensing to help avoid just the kinds of lawsuits while constructing a creative artistic environment. The application of copyright law in the US is so twisted these days that perhaps a system like this is needed. We really as a country should start some serious rethinking about how old concepts should apply to the modern world.
ed
Go 99 Tigers!
Direct http download
Just for the record, I don't think anyone at EMI is really that smart.
Just finishing up downloading the first couple of tracks, and it's actually pretty good. I'm thinking that I'll burn a couple of copies for some folks in my office who share a similar taste in music. I don't like screwing artists so I don't usually do that sort of thing, but in this case I figure I'm just screwing some rich asshole music executive. That actually makes me feel all sort of warm and fuzzy inside...
Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
What is interesting however is the reaction to it. I've been anticipating this for a while now; ever since "2 Many DJs" became popular, bootleg remixes have pretty much entered mainstream music. Here in the UK there are radio stations who promote it, and MTV even has a show now called MTV Mash. Note that the latter has to limit itself to licensed tracks, kinda ignoring the "dirty, unauthorised" appeal of some mashes.
When 2 Many DJs released their album "As Heard on Radio Soulwax Part 2", they had to cut out half of the tracks due to license restrictions. Since then, parts 1-8 of the series have appeared on-line, without restriction. The style is really an extension to hip-hop turntablism, but created entirely digitally. Tools like Acid allow you to pull loops from songs, reorder them, remix them and resequence them into something entirely different. Mainstream music has been doing this for years, a listen to the "Sampled" album collection shows some interesting sampling loops done years ago in well-known tracks you'd never think were based around a few samples. You could actually do this years ago on machines like the Atari ST, but the software now is incredible.
Tech is also entering the turntable world. "Final Scratch" puts PCM encoded vinyl onto standard decks, allowing a Linux PC to play mp3 as if it were on the disk. Entire electronic systems are available with scratch pads. However, you will never get the respect of a real DJ, they don't go for blinking lights!!
There are loads of websites with new mixes appearing daily from all over the world. Some of them are incredible, others are accapallela rap lyrics over something else. Like this album. Yawn, might have been interesting about three years ago...bootleggers, mixing rap over another song isn't big or clever. Mix two songs with similar chord-sequences and clever name/band connections, then I'll be impressed. :-)
If this sort of thing appeals to you, check out the following names: Freelance Hellraiser, 2ManyDJs, Eclectic Method, Osymyso, etc. See you on p2p!!
From www.djdangermouse.com --
The Grey Album is an art project/experiment that uses the full vocal content of Jay-Z's Black Album recorded over new beats and production made using the Beatles White Album as the sole source material. Danger Mouse insists he can explain and prove that all the music on the Grey Album can be traced back to the White Album and its musical content via sampling. Every kick, snare, and chord is taken from the Beatles White Album and is in their original recording somwhere.
This Incredible re-interpretation will be one to look out for and will be made available worldwide around Feb/March of 2004. The resulting record is a unique hybrid of work from one of hip-hop's fastest rising production stars via two of the most important musical and cultural forces ever.
In an incredible year, Danger Mouse has already received critical acclaim from his status as the Producer and DJ of the DM & Jemini duo. His work on their 'Ghetto Pop Life' debut showcased his enormous potential and 2004 will see Danger Mouse involved in several further projects.
Both the Beatles own remix project ('Let It Be... Naked') and Jay-Z's retirement Black Album are in stores now. At the time of writing, neither Jay-Z nor The Beatles were available for comment.
---
3000 copies, eh?
~ Aero
In another interesting twist, it appears that EMI is taking a legal approach that, under copyright law, might allow EMI and Roc-A-Fella to release the album on their own and not pay DJ Danger Mouse a penny.
... A ''derivative work'' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ''derivative work''.
The twist comes from the definition of derivative works in the copyright law. I'll start with the definition:
17 USC 101
Ok. So far so good. The definition of derivative works appears to give DJ Danger Mouse copyright protection over the use of his remix. In other words, if EMI wanted to release the album, they would have to negotiate with DJ Danger Mouse.
However, take a look at section 103(a):
17 USC 103 (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
The notes on the Cornell site explain:
The second part of the sentence that makes up section 103(a) deals with the status of a compilation or derivative work unlawfully employing preexisting copyrighted material. In providing that protection does not extend to ''any part of the work in which such material has been used unlawfully,'' the bill prevents an infringer from benefiting, through copyright protection, from committing an unlawful act, but preserves protection for those parts of the work that do not employ the preexisting work. Thus, an unauthorized translation of a novel could not be copyrighted at all, but the owner of copyright in an anthology of poetry could sue someone who infringed the whole anthology, even though the infringer proves that publication of one of the poems was unauthorized. Under this provision, copyright could be obtained as long as the use of the preexisting work was not ''unlawful,'' even though the consent of the copyright owner had not been obtained. For instance, the unauthorized reproduction of a work might be ''lawful'' under the doctrine of fair use or an applicable foreign law, and if so the work incorporating it could be copyrighted
Since, by his own admission, every single second of the Grey Album is sampled from one of the two source albums, DJ Danger Mouse has absolutely no copyright claim to any of his own creation.
Of course, once DJ Danger Mouse is stripped of his copyright interest in his own creation, there is no legal barrier to EMI and Roc-A-Fella simply releasing the album, because they own the underlying copyrights to the source albums.
Whether or not they do this, it is interesting that copyright law has the effect of excluding remixers from any copyright protection whatsoever over their own work. It appears that by taking legal action to shut the album down, EMI is not merely seeking to enforce their copyright as they claim. They are laying the groundwork to deny copyright protection to DJ Danger Mouse over his own creative work and steal his album. They are in effect muscling him out of his own copyrights over his own work.
I have mod points, but I don't see a "Factually Inaccurate" option, so I'll just have to reply.
I have friends who are really into the hip hop scene, and they regularly get sent tracks of just the beats to songs from the artists themselves. Most of the time, the artist is hoping it'll get passed around and used and heard by multiple people for the publicity. Just because you can't buy it at Best Buy doesn't mean the artists don't release them.
If corporations have rights, why not albums? or rocks and dirt for that matter? Everything except humans.
What?
The _whole_ point of copyright is to move works into the public domain. A copyright is not some all powerful ownership that you have. Copyright was setup as an agreement between "The People" and the copyright holder, and after a _limited_ time, that work would be part of the public domain. Big businesses have been trying to destroy that part of the agreement by making large bribes^H^H^H^H donations to congress critters and they have managed to get copyrights extended well beyond the _limited_ time that our Founding Fathers had in mind.
If Tyranny and Oppression come to this land,
it will be in the guise of fighting a foreign enemy. -James Madison
DJ Danger Mouse Grey Album .torrent
This is what all the fuss is about from wired.
The Grey Album, which mixes music from the Beatles' White Album with lyrics from rapper Jay-Z's Black Album, is being hailed as a classic. EMI thinks it's a classic, too -- a classic case of copyright violation.
This is a badass album. It is seriously one of the best pieces of music I have ever heard, truly greater than the sum of its parts.
bit trollent
I worked at a record label for the better part of the 90's and our licensing department had a hell of a time dealing with sample clearances.
The bottom line is this: there are a few artists who it is just 'known' that you are never going to ever in a billion years be allowed to sample, for any reason whatsoever:
#1: The Beatles
#2: The Rolling Stones
Probably numerous other ones. To further clarify: we're mostly talking 'Lennon and McCartney' Beatles. They as songwriters have always been pretty firm about it: not allowed. So the label / publishing companies always enforce this. Contrary to what this discussion is heading into, the label would be bound by whatever Paul McCartney would prefer rather than whatever the label would prefer, and this is likely due to the unbelievably unique position The Beatles hold in the annals of pop music. Even if the label felt it was a great idea, they'd still mostly have to go back to Lennon's estate (ie: Yoko) and Mr. McCartney just to be sure.
You can bet that the remaining members have likely heard this recording, not just the label reps.
I hate the way music publishing works. My favorite examples:
How many recent (say 1980's forward) movies which take place in the 60's can you name that *ever* contain a Beatles recording? Specifically a Lennon/McCartney recording? The Big Chill bases itself in 60's motown but apparently they desperately wanted Beatles galore in it. No go.
Ferris Beuller's Day Off. No soundtrack recording has ever been released for this film and when I worked in music stores I can tell you: people wanted it. No go again, licensing was prohibitively expensive.
I for one welcome our non-copyright overlords...
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